Beruflich Dokumente
Kultur Dokumente
RULES
MADE BY THE MINISTER UNDER SECTION 26 OF THE ENVIRONMENTAL MANAGEMENT
ACT, 2000, AFTER COMPLIANCE WITH SECTIONS 27 AND 28 OF THE SAID ACT
land treatment;
(ii)
surface impoundment;
(c)
(d)
(e)
3. (1) For the purposes of these Rules, hazardous waste includes any waste
comprised of or containing radioactive material or any hazardous substance and any
other waste that:
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5. (1) Subject to these Rules, it is the duty of a person who generates, handles or
disposes of any hazardous waste or other waste to take all such measures applicable
thereto as are reasonable in the circumstances:
(a) to comply with the provisions of these Rules, the Act and any other
written law concerning the handling and disposal of wastes;
(b) to prevent any contravention of these Rules, the Act or any other
written law concerning the handling and disposal of wastes, by
another person;
(c) to prevent the escape of any hazardous waste from any premises or
vehicle under that person's control or the control of any other person;
and
(d) on the transfer of hazardous waste, to ensure that the transfer is only
to a person who is the holder of a waste handling permit or a waste
facility licence.
(2) Nothing in these Rules must be construed to prevent anyone being
prosecuted under any other law for an act or omission which constitutes a breach of
these Rules, or from being liable under that other law to any greater punishment or
higher penalty than is provided by the Act, provided that no one is punished twice for
the same offence.
(3) Nothing in these Rules takes away or limits the right of the State or any
person to sue for and recover, at common law or otherwise, compensation or any
other appropriate remedy or relief against nuisance or in respect of any damage or
injury caused by any act or omission for which enforcement action may be taken
under these Rules.
PART II
REGISTRATION
Registration of generators
6. (1) Every person who, when these Rules come into force, is a generator of
hazardous waste must submit to the Authority, within six months of the enactment of
these Rules, an application for registration as a generator with respect to each
premises where such wastes are generated.
(2) Every person who, after the coming into force of these Rules, proposes to
engage in any activity or process which will result in the generation of hazardous
waste, must submit to the Authority an application for registration as a generator with
respect to each premises where such wastes are to be generated, 45 working days
prior to the commencement of any such activity or process.
(3) Every such application for registration must be submitted, together with
proof of payment of the prescribed application fee, in such form as the Authority may
specify, and state the following particulars:
(a) with respect to the identity of the generator and the location of the
premises:
(i)
(ii)
(b) with respect to the nature and quantity of the waste to be generated:
(i)
(ii)
(c) with respect to the management of the waste, the names and addresses
of the principal persons who will be responsible for the collection,
transportation and disposal of hazardous wastes from the premises.
(4) Where the applicant is a company, the applicant must supply the
Authority with a certified copy of the companys Certificate of Registration.
(5) The application must be signed, in any case where the applicant is a
company, by the chief executive officer and in other cases by the person who is the
owner or, where the owner is not the occupier, the occupier of the premises on which
the activity or process generating the waste is being or to be carried out.
Registration certificate
Supplemental Registration
(ii)
9. (1) For the purposes of these Rules, every generator of hazardous waste is
classified into one of the three following categories:
(a) a Large Quantity Generator (LQG), if more than 1000 kilograms of
hazardous wastes per calendar month are generated on the premises;
(b) a Small Quantity Generator (SQG), if between 100 kilograms and
1000 kilograms of hazardous wastes per calendar month are generated
on the premises; or
(c) a Conditionally Exempt Small Quantity Generator (CESQG), if less
than 100 kilograms of hazardous wastes per calendar month are
generated on the premises.
(2) Any generator who generates 1 kilogram or more of acute hazardous
wastes in any month or who accumulates on any premises more than 1 kilogram of
acute hazardous wastes at any time, without regard to the rate of hazardous waste
generation, is subject to all the requirements applicable to a LQG.
(3) Where the quantity of hazardous waste or acute hazardous waste
generated on the premises varies from month to month in such a way as to change the
category into which the generator is classified, the generator must comply from time
to time with the particular requirements governing the category into which the
premises falls at the material time.
(4) Generators are subject to the following quantity and time limits with
regard to the accumulation of hazardous wastes on their premises, according to the
category into which they are classified:
(a) LQGs may accumulate more than 6000 kilograms of hazardous waste
on premises at any time and store such wastes thereon for a period of
up to 90 days;
(b) SQGs may accumulate 1000 to 6000 kilograms of hazardous waste on
premises at any time and store such wastes thereon for a period of up
to 180 days;
(c) CESQGs may accumulate less than 1000 kilograms of hazardous
wastes on premises at any time and store such wastes thereon for a
period of up to one year.
(5) If any generator accumulates on any premises a quantity of hazardous
wastes in excess of the amount, or stores such wastes for a time in excess of the
period, prescribed in sub-regulation (4), without the prior written consent of the
Authority, the premises are deemed to be a hazardous waste storage facility subject to
the provisions of these Rules governing the establishment and operations of such
facilities, including the requirement to obtain a [hazardous waste handing] permit.
Obligations of generators
10. (1) All generators of hazardous wastes must ensure that such wastes are
properly handled on their premises and that such wastes are collected from their
premises, transported, stored, treated and disposed of only by persons who are
authorised to handle and dispose of hazardous waste pursuant to these Rules.
(2) In order to determine which standards are applicable to them with respect
to particular premises, every generator must identify each waste that is generated on
those premises, determine whether any such wastes are hazardous wastes as defined
by Rule 3, and weigh and compute the total weight of such wastes generated on a
monthly basis, in order to determine whether with respect to the subject premises they
are classified as a LQG, SQG or CESQG for the purposes of these Rules.
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(5) Prior to transporting any hazardous wastes off the premises or handing such
wastes over to any carrier for transportation off the premises, every generator must
ensure that:
(a) the hazardous waste is properly packaged so as to prevent any leakage
under normal transport conditions or potentially dangerous situations,
including but not limited to shaking, shifting or falling of the package
during transportation; and
(b) the packages are properly labelled or marked so as to identify the
characteristics of the wastes and the dangers associated with its
transportation.
(6) At least once in every three years, a LQG must compile and submit an
activity report to the Authority containing:
(a) the amount and types of hazardous wastes generated during the period;
(b) the quantity of each type of hazardous waste transported off the
premises for disposal;
(c) a description of the steps taken during the reporting period to reduce
the volume and toxicity of the wastes generated on the premises;
(d) a description of the changes in the volume and toxicity of wastes
actually achieved during the reporting period in comparison to
previous periods; and
(e) a certificate signed by the generator or authorized representative.
(7) A generator must keep copies of all hazardous waste records for a period
of not less than 5 years after:
(a) in the cases of activity and exception reports, the due date of the
report;
(b) in the case of signed copies of manifests returned to the generator, the
date on which the hazardous waste is transported off the premises of
origin (provided that the original manifest must be kept until the
signed manifest is returned to the generator);
(c) in the case of records of waste analyses and determinations carried out
by the generator, the date when the hazardous waste was sent to a
treatment, storage or disposal facility on or off of the premises of
origin.
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(8) For the avoidance of doubt, it is declared that SQG are subject to all the
reporting requirements imposed on generators by this Rule, except the requirement to
submit activity reports to the Authority.
Conditional Exemption
11. CESQGs are not subject to the requirements of these Rules relating to the
registration of generators, tracking of hazardous wastes, record-keeping and reporting
to the Authority, provided that they:
(a) identify their wastes in accordance with Rule 10(2);
(b) comply with the limitations of the quantity of waste which may be
accumulated on the premises as prescribed by Rule 9(4)(c); and
(c) ensure that all hazardous wastes they generate are properly handled
and disposed of by authorised waste handling and disposal facilities.
PART III
WASTE PERMITS AND LICENSES
Waste handling permits
12. (1) Subject to sub-rule (2), no person, including a Local Authority, must
carry out any activity related to the storage, treatment or disposal of hazardous wastes
without a waste handling permit granted in accordance with these Rules.
(2) A generator is not required to have a waste handling permit if the
generator:
(a) packages hazardous wastes on the premises on which the waste is
generated;
(b) stores hazardous waste on the premises on which the waste was
generated for less than the relevant period specified in Rule 9(4).; or
(c) puts any residue or scrap material or unwanted surplus matter resulting
from any process carried on any premises to any further use or process
on the same premises.
Application for a permit
13. (1) Every person, including a Local Authority, who is carrying out activities
for the storage, treatment or disposal of hazardous waste when these Rules come into
force, must submit to the Authority an application for a waste handling permit within
six months of the enactment of these Rules.
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(2) Any person, including a Local Authority, who proposes to carry out
activities for the storage, treatment or disposal of hazardous waste, after the coming
into force of these Rules, must submit to the Authority an application for a waste
handling permit, at least three months before the date on which it is proposed that such
operations will commence.
(3) Every such application must be submitted, together with proof of payment
of the prescribed application fee, in such form as the Authority may specify, and state
the following particulars:
(a) with respect to the identity of the applicant:
(i)
(ii)
(b) with respect to the nature of the waste handling activities to be carried
out by the applicant:
(i)
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(ii)
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handling permit the Authority may vary, delete or add to the terms and conditions
therein.
(10) For the avoidance of doubt, it is declared that any decision of the
Authority to impose terms and conditions on the grant of a waste handling permit, or
to refuse to grant or to renew a waste handling permit, may be appealed to the
Commission by the applicant pursuant to section 81(5) of the Act.
Transfer of permits
14. (1) A waste handling permit (including a permit which is suspended) may
be transferred by the holder to another person with the prior consent of the Authority.
(2) Where the holder desires to transfer a waste handling permit to another
person, the holder and the proposed transferee must make a joint application to the
Authority for the transfer of the permit.
(3) An application made under sub-rule (2) for the transfer of a waste
handling permit must be in such form and include such information as the Authority
may determine, and be accompanied by the prescribed fee.
(4) Within 10 working days of the receipt of an application for the transfer of
a waste handling permit, the Authority must notify the applicants whether it grants or
refuses its consent for the transfer of the permit.
(5) In any case where the Authority refuses to consent to the transfer of a
waste handling permit, it must provide the applicants with reasons in writing for that
decision.
(6) To effect a transfer of waste handling permit, the Authority must endorse
the permit with the name and other particulars of the transferee as the holder from
such date specified in the endorsement as may be agreed between the Authority and
the applicants.
Waste facility licences
15. (1) No person, including a Local Authority, must establish or, if such a
facility existed before the coming into force of these Rules, continue to operate a
facility at which any waste handling operations are carried out, including a facility for
the handling of waste that is not hazardous, without a waste facility licence granted by
the Authority, subject to such terms and conditions as it thinks fit, in accordance with
these Rules.
(2) A waste facility licence is granted to the occupier of the premises and,
unless revoked, varied, suspended or surrendered, inures for the benefit of the land and
of all persons for the time being having an interest in the land, for the period specified
in the licence, not exceeding 25 years.
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16. (1) Every application for a waste facility licence must be submitted,
together with proof of payment of the prescribed application fee, is such form as the
Authority may specify, and state the following particulars:
(a) with respect to the location of the premises and the identity of the
occupier of the premises:
(i)
(ii)
(iii)
(iv)
(iii)
(iv)
(b) with respect to the waste handling operations to be carried out at the
facility:
(i)
(ii)
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(ii)
(iii)
(b)
(c)
(d)
(3) Within 20 working days of receipt of the application for a waste facility
licence or, where further information is required to complete or supplement the
application, of the receipt of that information, the Authority must issue to the applicant
a waste facility licence or a notice of refusal.
(4) A waste facility licence must specify the activities related to the storage,
treatment or disposal of wastes, including but not limited to hazardous wastes, that
may be carried carry out on the licensed premises, subject to such terms and
conditions related to the design, construction, operations, and maintenance of the
facility and monitoring of its operations as the Authority thinks fit.
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(5) The Authority may not issue a waste facility licence for any use of land for
which planning permission is required under the Town and Country Planning Act,
unless:
(a) the site is located in an area allocated for such use in the development
plan, if any; and
(b) outline planning permission granted by the relevant authority is in force
in relation to the use of the land as a waste handling facility.
(6) For the avoidance of doubt, it is declared that any decision of the
Authority to impose terms and conditions on the grant of a waste facility licence or to
refuse to grant a waste facility licence may be appealed to the Commission by the
applicant pursuant to section 81(5) of the Act.
Variation, suspension or revocation of permit or licence
17. (1) On application by the holder, submitted to the Authority together with
proof of payment of the prescribed fee, the Authority may vary the terms and
conditions to which a waste handling permit or waste facility licence is subject, if it
appears to the Authority that the application is supported by an adequate rationale for
the requested variation.
(2) On its own initiative, the Authority may vary the terms and conditions to
which a waste handling permit or waste facility licence is subject, if it appears to the
Authority that:
(a) there has been a significant change in the situation or any activity
related to the permit or licence; or
(b) the holder of the permit or licence has died, declared bankruptcy or, in
the case of a body corporate, has gone into liquidation or receivership,
been wound up or amalgamated with another body corporate.
(3) Where the Authority varies the terms and conditions to which a waste
handling permit or waste facility licence is subject pursuant to sub-rule (1) or (2), the
Authority must issue an amended permit or licence to the holder.
(4) The Authority may suspend a waste handling permit or waste facility
licence if it appears to the Authority that:
(a) this is necessary or expedient to enable the Authority to carry out
emergency response activities pursuant to section 25 of the Act;
or
(b) there has been another change in the circumstances relating to the
permit or licence that justifies a temporary cessation of the
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PART IV
WASTE HANDLING AND DISPOSAL OPERATIONS
Transportation of hazardous wastes
18. (1) No person, other than a carrier duly authorised by the Licensing Authority
under the Motor Vehicles and Road Traffic Act to transport hazardous wastes, must
collect hazardous wastes from the premises of a generator and transport such waste to
any other premises, whether for the purposes of delivering that waste to a licensed
waste facility or for any other purpose.
(2) No vehicle or vessel, other than a vehicle or vessel which is designed,
adapted or otherwise suited for the transportation of the specific type of hazardous
wastes to be carried, must be used for the transportation of such hazardous wastes
from one premises to another, whether by road or water, including the sea.
Hazardous Waste Manifest System
19. (1) When any hazardous waste is to be moved from the premises on which it
is generated to any other place for storage, treatment or disposal, the generator must
prepare a manifest to enable the movement of that hazardous waste to be tracked from
the point of origin to the ultimate point of disposal, containing:
(a) the name, address and registration number of the generator;
(b) the name and address of any person to whom the hazardous waste is
consigned for transportation;
(c) the name, address and waste handling permit number of any person to
whom the hazardous waste is consigned for storage, treatment or
disposal;
(d) particulars of the kind and quantity of hazardous wastes included in
the consignment;
(e) particulars of the number and type of containers included in the
consignment; and
(f) a statement, signed by the generator, certifying that:
(i)
(ii)
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(a) constructed of or lined with material that is compatible with the waste to
be placed in the tank system and has sufficient strength and thickness to
prevent failure due to pressure gradients, including static head and
external hydrological forces, physical contact with the wastes to which
they are exposed, climatic conditions, the stress of installation and daily
operations, including stress from nearby vehicular traffic;
(b) placed on a foundation or base capable of providing support to the
secondary containment system and resistance to pressure gradients above
ad below the system, capable of preventing failure due to settlement,
compression or uplift;
(c) provided with a leak detection system that is designed and operated so
that it will detect the failure of either the primary or the secondary
containment structure and the release of hazardous wastes or
accumulated liquid in the secondary containment system within 24 hours
or, if the existing detection technology or site conditions do not permit
detection of a release within 24 hours, at the earliest practicable time;
(d) sloped or otherwise designed or operated to drain and remove liquids
resulting from leaks, spills or precipitation within 24 hours or, if the of
the released wastes or accumulated precipitation cannot be completed
within 24 hours, as soon as is necessary to prevent harm to human health
or the environment.
(7) Secondary containment for tanks must include one or more of the following
devices:
(a) an external liner system which is:
(i)
(ii)
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(ii)
(ii)
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21. (1) Every landfill must have a liner system covering the entire area of the
landfill, comprised of:
(a) a liner designed, constructed and installed to prevent any passage of
wastes into the liner during the active life of the facility and the
migration of wastes out of the landfill to the adjacent land, surface
water courses or bodies, subsurface soil or groundwater, at any time
during the active life of the facility, including the after-care period,
that is:
(i)
(ii)
(iii)
(b) a leachate collection and removal system immediately above the liner
that is designed, constructed, maintained and operated to collect and
remove leachate from the landfill, that is:
(i) constructed of materials that are:
a. chemically resistant to the waste managed in the
landfill and the leachate expected to be generated; and
b. of sufficient strength and thickness to prevent collapse
under the pressures exerted by overlying wastes, waste
cover materials and any equipment used during the
operation of the landfill; and
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22. (1) A waste incinerator must be operated in accordance with the operating
requirements specified in the waste facility licence, as determined by the Authority on
a case-by-case basis as being sufficient to comply with the prescribed performance
standards.
(2) An incinerator burning hazardous waste must be designed, constructed
and maintained so that, when operated in accordance with the specified operating
requirements, it achieves a destruction and removal efficiency of 99.99% for each
principal organic hazardous constituent designated in its waste facility licence with
respect to its waste feed, as determined by the method set out in the Second Schedule.
(3) Each set of operating requirements must specify the waste feed,
including acceptable variations in the physical and chemical properties of the waste
feed that will not affect compliance with the required performance standards, and the
operating limits for each waste feed with respect to the following:
(a) carbon monoxide (CO) level in the stack exhaust;
(b) waste feed rate;
(c) combustion temperature;
(d) an appropriate indicator of combustion gas velocity;
(e) allowable variations in incinerator system design or operating
procedures; and
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(f) such other operating requirements as are necessary to ensure that the
performance standards are met.
(4) During start-up and shut-down of the incinerator, hazardous waste must
not be fed into the incinerator, unless the incinerator is operating within the conditions
of operation, including but not limited to temperature and waste feed rate, specified in
the waste facility licence.
(5) Fugitive emissions from the combustion zone must be controlled by:
(a) keeping the combustion zone totally sealed against fugitive
emissions;
(b) maintaining a combustion zone pressure lower than atmospheric
pressure; or
(c) any alternative means of control demonstrated, at the time of
application for a waste facility licence, to provide fugitive emissions
control equivalent to maintenance of combustion zone pressure
lower than atmospheric pressure.
(6) An incinerator must be operated with a functioning system which
automatically cuts off waste feed to the incinerator when operating conditions deviate
from the limits specified in the waste facility licence, pursuant to sub-rule (1).
(7) An incinerator must cease operation when changes in waste feed,
incinerator design or operating conditions exceed the limits specified in it waste
facility licence.
(8) Upon the cessation of operations or closure of a waste incinerator, the
operator must remove any hazardous waste and hazardous waste residues, including
but not limited to ash, scrubber waste and scrubber sludge, from the premises.
(9) If, at any time during the period of operation of a waste incinerator or
upon the cessation of operations, the operator cannot demonstrate that the residues
removed from a waste incinerator are not hazardous wastes, as defined by Rule 3, the
operator is deemed to be a generator of hazardous wastes for the purposes of these
Rules.
Prohibited waste disposal operations
23. (1) The disposal within the waters of Trinidad and Tobago of solid waste or
any ash or residue from the incineration of solid wastes is prohibited, except for the
disposal with the prior written permission of the Authority of:
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(a) derelict vehicles or waste tyres for the purpose of establishing any
artificial reef or similar infrastructure for the enhancement of the
marine environment;
(b) dredged material;
(c) fish waste or material resulting from industrial fish processing
operations at sea;
(d) inert, inorganic, geological material; or
(e) organic material of natural origin..
(2) The burial or open burning of solid waste is prohibited, except for:
(a)
(b)
PART V
IMPORT, EXPORT AND TRANSIT OF WASTES
Basel Convention
24. The Authority is the Competent Authority of Trinidad and Tobago for the
Basel Convention.
Exports of wastes
25. (1) The Authority must not permit exports of hazardous wastes or other
wastes if such wastes can be:
(a) re-used or recycled locally in an environmentally sound manner; or
(b) disposed of locally in an environmentally sound manner.
(2) The export of hazardous or other wastes to any of the following places is
prohibited:
(a) any point south of 60 degrees south latitude;
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(b) any State which has imposed a ban on the import of such wastes
and has so notified Trinidad and Tobago or the Secretariat of the
Basel Convention;
(c) any State which cannot provide assurance as to its capacity to
dispose of such wastes in an environmentally sound manner; and
(d) any State which is not a party to the Basel Convention, other than a
State which is a party to a multilateral, regional or bilateral
agreement, by which provisions not less environmentally sound
than those provided for by the Basel Convention are made, and to
which Trinidad and Tobago is a party.
(3) Where export is allowed under sub-rule (1), the Authority may permit the
export of hazardous wastes or other wastes only after satisfying itself that the
following conditions have been fulfilled:
(a) the exporter has made an application for permission to export such
waste and has provided the Authority with the information
requested in the prescribed notification form, as well as details on
labelling in relation to the hazardous waste or other waste that the
exporter proposes to export;
(b) an adequate contract exists between the exporter of such waste and
the person accepting responsibility for the disposal of the waste,
specifying environmentally sound management of the subject
waste;
(c) the provisions made for packaging, labelling and transportation of
such waste are in conformity with the recognized national and
international rules, standards and practices; and
(d) the written consent of the competent authorities of the other States
concerned have been received by the exporter in accordance with
sub-rule (5).
(4) The export of hazardous wastes is subject to the following conditions:
(a) a manifest signed by the generator and carrier must accompany the
subject consignment of hazardous wastes; and
(b) the carriage of the consignment of hazardous wastes must be covered by
an adequate policy of public liability insurance, performance bond or
other guarantee to the satisfaction of the Authority.
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(5) The Authority must notify, or require the exporter to notify, the competent
authorities of any State of transit and the State of import, in language acceptable to
them, of the proposed trans-boundary movement of the hazardous wastes.
(6) A transit State is deemed to have consented to the transit of the waste if,
having acknowledged receipt of a [notification] [request for consent] from the
exporter, the competent authority in that State does not raise any objection to or
impose any conditions with respect to the transit of the waste within 60 calendar days
after receipt of the request for consent.
(7) If the trans-boundary movement of hazardous wastes or other wastes, to
which the consent of the States concerned has been given, cannot be completed in
accordance with the terms of the original contract, the Authority must require the
exporter to take the wastes back, if alternative arrangements cannot be made for the
disposal of the wastes in an environmentally sound manner within 90 calendar days
from the time that the competent authority of the State of import so informed the
Authority or the exporter and the Secretariat of the Basel Convention, or such other
period of time as the parties concerned may agree.
(8) A permit for multiple exports of hazardous or other wastes may be granted,
subject to the written consent of the States concerned, for a maximum period of one
year, if:
(a) the consignments have the same physical and chemical characteristics;
(b) the consignments are shipped regularly to the same disposer via the
same customs office in Trinidad and Tobago and the country of import
respectively;
(c) in the case of transit, the consignments are shipped via the same customs
office of entry and exit in the State or States of transit; and
(d) the countries concerned agree to the grant of such a permit.
Import of wastes
26. (1) Hazardous and other wastes may only be imported into Trinidad and
Tobago with the written permission of the Authority.
(2) The Authority may consent to the import of hazardous or other wastes if
the following conditions are met:
(a) the exporting State is a party to the Basel Convention or is a party to a
bilateral, multilateral or regional agreement regarding the transboundary movement of hazardous or other wastes in accordance with
Article 11 of the Basel Convention;
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(b) it is not possible to dispose of the wastes within the territory of the
exporting State in an environmentally sound and efficient manner or the
wastes are required as raw material for recycling or recovery industries
in Trinidad and Tobago, or the import is in accordance with an
agreement which conforms with the requirements of Article 11 of the
Basel Convention;
(c) a request which complies with the requirements of sub-rule [..] has been
received for a transboundary movement, containing the information
required by Annex V of the Basel Convention, and the Authority is
satisfied with such information;
(d) the proposals for labelling, packaging and transportation of the wastes in
the notification conform to recognized international rules, standards and
practices;
(e) the specified approved site or facility is capable of managing and
disposing of the wastes in an environmentally sound manner;
(f) the importer guarantees in the contract for the disposal of the wastes that
the wastes will be managed in an environmentally sound manner;
(g) the importer is obliged to notify the exporter, the competent authority of
the State of export and the Authority of the receipt of any hazardous
wastes and, in due course, of the completion of the disposal as specified
in the notification;
(h) an adequate binding contract exists between the exporter and the
importer, specifying environmentally sound management of the
consignment of wastes;
(i) the importer and the approved site or facility disposing of the wastes
have valid permits and licences to handle and dispose of the categories
of hazardous or other wastes to be imported;
(j) the generator, exporter, importer, disposer and carrier have adequate
public liability insurance, or have posted a performance bond or other
financial guarantee to the satisfaction of the Authority; and
(k) the importer or any agent acting on behalf of the importer is a resident of
Trinidad and Tobago or, in the case of a body corporate, has a registered
office in Trinidad and Tobago.
(3) A permit for multiple imports of hazardous or other wastes may be granted,
subject to the written consent of the States concerned, for a maximum period of one
year, if:
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(e) the consignments have the same physical and chemical characteristics;
(f) the consignments are shipped regularly to the same disposer via the
same customs office in Trinidad and Tobago and the country of import
respectively;
(g) in the case of transit, the consignments are shipped via the same customs
office of entry and exit in the State or States of transit;
(h) the countries concerned agree to the grant of such a permit.
(4) The Authority may, at any time after issuing written consent for the import
of hazardous or other wastes, revoke the permit if it has reason to believe that the
wastes will not be managed in an environmentally sound manner.
(5) The importer must notify the Authority upon receipt of each consignment of
hazardous or other wastes of its details as specified in the notification document.
Transit of wastes
(b)
(c)
proof that the exporter, the carrier, the disposer and the site or
facility for disposal are authorized to carry out the operations in
question in relation to such wastes;
(d)
(e)
(3) The notice must be in English and the emergency procedures must be
acceptable to the Authority.
(4) The packaging and labelling of the wastes must conform to international
standards.
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(5) The transit of hazardous or other wastes through Trinidad and Tobago or any
marine area under its jurisdiction, without the prior permission of the Authority, is
prohibited.
(6) The Authority has the right to deny permission for the transit of hazardous or
other wastes through Trinidad and Tobago and marine areas under its jurisdiction.
(7) The Authority must acknowledge receipt of any notification given under
sub-rule (1) promptly, and in no case later than 10 working days after receipt of such
notification.
(8) The Authority must make a decision whether to grant permission for the
transit of hazardous or other wastes, which may include specific conditions relating to
the transport of such wastes, within 60 calendar days of the receipt of notification
given under sub-rule (1), and inform the exporter or the competent authority of the
State of export as appropriate.
Illegal traffic
wastes back and recover the costs of doing so from the generator or exporter as a civil
debt in a court of competent jurisdiction.
(5) If in any case re-import of waste that has been illegally trafficked is
impracticable, or the persons responsible for the illegal transboundary movement
cannot be identified, the Authority and the competent authority of the other State
concerned must ensure that the wastes are disposed of in an environmentally sound
manner in accordance with the provisions of these Rules and any other relevant law.
(6) In the case of an illegal transboundary movement into Trinidad and
Tobago as the result of conduct on the part of an importer or disposer, in addition to
any penalty to which that person may be liable for the commission of an offence under
these Rules or any other written law, the importer or disposer must ensure the
environmentally sound management of any hazardous wastes or pay the costs of the
environmentally sound disposal of such wastes, as estimated by the Authority.
PART VI
MISCELLANEOUS
Waste Management Register
29. (1) The Authority must establish a Waste Management Register, together
with an alphabetical, sequential or geographical index, or more than one such index,
thereto as is necessary or expedient to facilitate access to and the use of information on
the Register.
(2) Subject to sub-rule (3), the Authority must enter in the Register the details
and status of every:
(a) application for registration as a generator of hazardous wastes,
including the information supplied under Rule 6(3) and any
amendment made thereto pursuant to Rule 7(4);
(b) supplementary registration made under Rule 8;
(c) application for a permit or licence, including the information supplied
under Rule ..;
(d) application for a transfer of a permit or licence;
(e) permit or licence, including the terms and conditions subject to which
it was issued;
(f) transfer of a permits or licence approved by the Authority;
36
30. (1) The applicant may, in any application for registration or for a permit or
licence, made under these Rules, assert a claim that any of the information to be
supplied to the Authority is a trade secret or confidential business information, and
request that such information be omitted from the register.
37
(2) The Authority may reject the claim made by the applicant under sub-rule
(1) for the reason that:
(a) the applicant has not disclosed the basis for the claim;
(b) the basis disclosed is invalid; or
(c) the public interest in disclosing the information clearly out-weighs any
prejudice to the applicant.
(3) The rejection by the Authority of a claim made by an applicant under
sub-rule (1) is subject to appeal to the Environmental Commission.
FIRST SCHEDULE
HAZARDOUS WASTES
Interpretation
In this Schedule:
Annex 1 categories means wastes derived from the waste streams listed in the
first part of Annex 1 to this Schedule;
Annex 1 constituents means the substances listed in the second part of Annex
1 to this Schedule;
outdated means unused within the period recommended by the manufacturer;
industry specifications means ....
Part A
Hazardous Wastes
Wastes contained in this Part are designated as hazardous wastes, but their designation as
hazardous in this Part does not preclude reference in specific cases to Part C to
demonstrate that a particular waste is not hazardous.
A1
A1010
Beryllium
Cadmium
Lead
Mercury
Selenium
Tellurium
Thallium
A1020
A1030
A1040
A1050
Galvanic sludges
A1060
A1070
Leaching residues from zinc processing, dust and sludges such as jarosite,
hematite, etc.
A1080
Waste zinc residues not included in Part B, containing lead and cadmium in
concentrations sufficient to exhibit characteristics listed in Part C.
A1090
A1100
A1110
A1120
39
A1130
A1140
A1150
Precious metal ash from incineration of printed circuit boards not included in
Part B (note that mirror entry in Part B, B1160, does not specify exceptions)
A1160
A1170
A1180
A2
A2010
A2020
A2030
A2040
A2050
A2060
A3
A3010
40
A3020
A3030
A3040
A3050
A3060
Waste nitrocellulose
A3070
A3080
A3090
Waste leather dust, ash, sludges and flours when containing hexavalent
chromium compounds or biocides (note the related entry in Part B, B3100)
A3100
Waste paring and other waste of leather or of composition leather not suitable
for the manufacture of leather articles containing hexavalent chromium
compounds or biocides (note the related entry in Part B, B3090)
A3110
A3120
A3130
A3140
A3150
A3160
A3170
A3180
41
A4
A4010
A4020
Clinical and related wastes; that is wastes arising from medical, nursing,
dental, veterinary, or similar practices, and wastes generated in hospitals or
other facilities during the investigation or treatment of patients, or research
projects
A4030
A4040
A4050
Wastes that contain, consist of or are contaminated with any of the following:
Inorganic cyanides, excepting precious-metal-bearing residues in
solid form containing traces of inorganic cyanides
Organic cyanides
A4060
A4070
Wastes from the production, formulation and use of inks, dyes, pigments,
paints, lacquers, varnish excluding any such waste specified in Part B (note
the related entry in Part B, B4010)
A4080
A4090
A4100
Wastes from industrial pollution control devices for cleaning of industrial offgases but excluding such wastes specified in Part B
A4110
Wastes that contain, consist of or are contaminated with any of the following:
Any congenor of polychlorinated dibenzo-furan
Any congenor of polychlorinated dibenzo-dioxin
42
A4120
A4130
A4140
A4150
A4160
Spent activated carbon not included in Section B (note the related entry in
Part B, B2060)
Part B
Wastes Not Ordinarily Hazardous
Wastes contained in this Part are not designated as hazardous wastes, unless they exhibit
a hazardous characteristic listed in Part C.
B1
B1010
43
Thorium scrap
Rare earths scrap
B1020
B1030
B1040
B1050
B1060
B1070
Waste of copper and copper alloys in dispersible form, unless they contain
Annex I constituents to an extent that they exhibit Part C characteristics
B1080
Zinc ash and residues including zinc alloys residues in dispersible form
unless containing Annex 1 constituents in concentration such as to exhibit
Part C characteristics
B1090
B1100
44
B1120
45
Samarium
Gadolinium
Dysprosium
Erbium
Ytterbium
Cerium
Neody
Europium
Terbium
Holmium
Thulium
Lutetium
B1130
B1140
B1150
B1160
Precious-metal ash from the incineration of printed circuit boards (note the
related entry in Part A, A1150)
B1170
B1180
B1190
B1200
B1210
Slag arising from the manufacture of iron and steel including slags as a
source of TiO2 and vanadium
B1220
Slag from zinc production, chemically stabilized, having a high iron content
(above 20%) and processed according to industrial specifications mainly for
construction
B1230
B1240
46
B2
B2010
B2020
B2030
B2040
B2050
Coal-fired power plant fly-ash, not included in Section A (note the related
entry in Part A, A2060)
B2060
Spent activated carbon resulting from the treatment of potable water and
processes of the food industry and vitamin production (note the related entry
in Part A, A4160)
B2070
47
B2080
Waste gypsum arising from chemical industry processes not included in Part
A (note the related entry in Part A, A2040)
B2090
B2100
Waste hydrates of aluminium and waste alumina and residues from alumina
production excluding such materials used for gas cleaning, flocculation or
filtration processes
B2110
B2120
Waste acidic or basic solutions with a pH greater than 2 and less than 11.5,
which are not corrosive or otherwise hazardous (note the related entry in
Section A A4090)
B3
B3010
48
- polyvinyl acetate
Cured waste resins or condensation products including the following:
- urea formaldehyde resins
- phenol formaldehyde resins
- melamine formaldehyde resins
- epoxy resins
- alkyd resins
- polyamides
The following fluorinated polymer wastes (excluding post-consumer
wastes)
- perfluoroethylene/propylene (FEP)
- perfluoroalkoxy alkane (PFA)
- perfluoroalkoxy alkane (MFA)
- polyvinylfluoride (PVF)
- polyvinylidenefluoride (PVDF)
B3020
Paper, paperboard and paper product wastes the following materials, provided
they are not mixed with hazardous wastes:
Waste and scrap of paper or paperboard of:
unbleached paper or paperboard or of corrugated paper or
paperboard
other paper or paperboard, made mainly of bleached chemical
pulp, not coloured in the mass
paper or paperboard made mainly of mechanical pulp (for
example, newspapers, journals and similar printed matter)
other, including but not limited to 1) laminated paperboard 2)
unsorted scrap.
B3030
Textile wastes
The following materials, provided they are not mixed with other wastes and
are prepared to a specification:
Silk waste (including cocoons unsuitable for reeling, yarn waste
and garnetted stock)
- not carded or combed
- other
Waste of wool or of fine or coarse animal hair, including yarn waste but
excluding garnetted stock
- noils of wool or of fine animal hair
- other waste of wool or of fine animal hair
- waste of coarse animal hair
Cotton waste (including yarn waste and garnetted stock)
- yarn waste (including thread waste)
49
- garnetted stock
- other
Flax tow and waste
Tow and waste (including yarn waste and garnetted stock) of true
hemp (Cannabis sativa L.)
Tow and waste (including yarn waste and garnetted stock) of jute
and other textile bast fibres (excluding flax, true hemp and ramie)
Tow and waste (including yarn waste and garnetted stock) of sisal
and other textile fibres of the genus Agave
Tow, noils and waste (including yarn waste and garnetted stock)
of coconut
Tow, noils and waste (including yarn waste and garnetted stock)
of abaca (Manila hemp or Musa textilis Nee)
Tow, noils and waste (including yarn waste and garnetted stock)
of ramie and other vegetable textile fibres, not elsewhere
specified or included
Waste (including noils, yarn waste and garnetted stock) of manmade fibres
- of synthetic fibres
- of artificial fibres
Worn clothing and other worn textile articles
Used rags, scrap twine, cordage, rope and cables and worn out
articles of twine, cordage, rope or cables of textile materials
- sorted
- other
B3040
Rubber wastes
The following materials, provided they are not mixed with other
wastes:
Waste and scrap of hard rubber (e.g., ebonite)
Other rubber wastes (excluding such wastes specified elsewhere)
B3050
B3060
50
B3080
B3090
Paring and other wastes of leather or of composition leather not suitable for
the manufacture of leather articles, excluding leather sludges, not containing
hexavalent chromium compounds and biocides (note the related entry in
Section A A3100)
B3100
B3110
B3120
B3130
B3140
B4
B4010
B4020
B4030
51
Part C
List of Hazardous Characteristics
Code
H1
Characteristics
Explosive
An explosive substance or waste is a solid or liquid substance or waste
(or mixture of substances or wastes) which is in itself capable by
chemical reaction of producing gas at such a temperature and pressure
and at such speed as to cause damage to the surroundings.
H3
Flammable liquids
The word flammable has the same meaning as inflammable.
Flammable liquids are liquids, or mixtures of liquids, or liquids
containing solids in solution or suspension (for example, paints,
varnishes, lacquers, etc., but not including substances or wastes otherwise
classified on account of their dangerous characteristics) which give off a
flammable vapour at temperatures of not more than 60.5C, closed-cup
test, or not more than 65.6C, open-cup test. (Since the results of opencup tests and of closed-cup tests are not strictly comparable and even
individual results by the same tests are often variable, regulations varying
from the above figures to make allowances for such differences would be
within the spirit of this definition).
H4.1
Flammable solids
Solids, or waste solids, other than those classed as explosives, which
under conditions encountered in transport are readily combustible, or
may cause or contribute to fire through friction.
H4.2
H4.3
52
H5.1
Oxidizing
Substances or wastes which, while in themselves not necessarily
combustible, may, generally by yielding oxygen cause, or contribute to,
the combustion of other materials.
H5.2
Organic Peroxides
Organic substances or wastes which contain the bivalent O-O- structure
are thermally unstable substances which may undergo exothermic selfaccelerating decomposition.
H6.1
Poisonous (Acute)
Substances or wastes liable either to cause death or serious injury or to
harm health if swallowed or inhaled or by skin contact. Is characterized
by the TCLP test.
H6.2
Infectious substances
Substances or wastes containing viable micro organisms or their toxins
which are known or suspected to cause disease in animals or humans.
H8
Corrosives
Substances or wastes which, by chemical action, will cause severe
damage when in contact with living tissue, or, in the case of leakage, will
materially damage, or even destroy, other goods or the means of
transport; they may also cause other hazards.
H10
H11
H12
Ecotoxic
Substances or wastes which if released present or may present immediate
or delayed adverse impacts to the environment by means of
bioaccumulation and/or toxic effects upon biotic systems.
53
H13
11.
12.
13.
14.
15.
16.
17.
18.
Clinical wastes from medical care in hospitals, medical centres and clinics
Wastes from the production and preparation of pharmaceutical products
Wastes from pharmaceuticals, drugs and medicines
Wastes from the production, formulation and use of biocides and phytopharmaceuticals
Wastes from the manufacture of, formulation and use of wood preserving
chemicals
Wastes from the production, formulation and use of organic solvents
Wastes from heat treatment and tempering operations containing cyanides
Waste mineral oils, unfit for their originally intended use
Waste oils/water, hydrocarbon/water mixtures, emulsions
Waste substances and articles containing or contaminated with
polychlorinated biphenyls (PCBs) znd/or polychlorinated terphenyls (PCTs)
and/or polybrominated biphenyls (PBBs)
Waste tarry residues arising from refining, distillation, and any pyrolytic
treatment
Wastes from production, formulation and use of inks, dyes, pigments, paints,
lacquers, varnish
Wastes from production, formulation and use of resins, latex, plasticizers,
glues/adhesives
Wastes chemical substances arising from research and development or
teaching activities which are not identified and/or are new and whose effects
on man and/or the environment are not known
Wastes of an explosive nature not subject to other legislation
Wastes from production, formulation and use of photographic chemicals and
processing materials
Wastes resulting from surface treatment of metals and plastics
Residues resulting from industrial waste disposal operations
List of Constituents
19.
20.
21.
22.
23.
24.
Metal carbonyls
Beryllium ; beryllium compounds
Hexavalent chromium compounds
Copper compounds
Zinc compounds
Arsenic; arsenic compounds
54
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
SECOND SCHEDULE
DETERMINATION OF INCINERATOR EFFICIENCY
The destruction and removal efficiency (DRE) of an incinerator burning hazardous waste
is determined for each principal organic hazardous constituent (POHC) from the
following equation:
DRE = (Win Wout) x 100
Win
Where:
Win =
mass feed rate of one POHC in the waste stream feeding the
incinerator; and
Wout =
55